Legal Update 10/5/11
By Cortknee Cee
Take some time to familiarize yourself with Code of Virginia as we plan our event. Be mindful of and knowledgeable about these laws so that we can maintain a respectful presence. Will be looking into city code as well, but start with this for now as it applies anywhere in the Commonwealth.
Title 18.2 – CRIMES AND OFFENSES GENERALLY
Chapter 9 – Crimes Against Peace and Order
Several of these do not apply to us (e.g. burning crosses, swastikas, etc.) and some items many may already be familiar with. Others may be new to people, such as 18.2-422 on wearing masks. 18.2-412 (immunity of officers is dispersing unlawful assembly) is VERY INTERESTING and a good argument for seeking permits.
§ 18.2-404. Obstructing free passage of others.
Any person or persons who in any public place or on any private property open to the public unreasonably or unnecessarily obstructs the free passage of other persons to and from or within such place or property and who shall fail or refuse to cease such obstruction or move on when requested to do so by the owner or lessee or agent or employee of such owner or lessee or by a duly authorized law-enforcement officer shall be guilty of a Class 1 misdemeanor. Nothing in this section shall be construed to prohibit lawful picketing.
(Code 1950, § 18.1-254.01; 1968, c. 608; 1975, cc. 14, 15.)
§ 18.2-405. What constitutes a riot; punishment.
Any unlawful use, by three or more persons acting together, of force or violence which seriously jeopardizes the public safety, peace or order is riot.
Every person convicted of participating in any riot shall be guilty of a Class 1 misdemeanor.
If such person carried, at the time of such riot, any firearm or other deadly or dangerous weapon, he shall be guilty of a Class 5 felony.
(Code 1950, §§ 18.1-254.1, 18.1-254.2; 1968, c. 460; 1971, Ex. Sess., c. 251; 1975, cc. 14, 15.)
§ 18.2-406. What constitutes an unlawful assembly; punishment.
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